Jurnal Adhyasta Pemilu
Jurnal Adhyasta Pemilu (JAP) adalah jurnal dengan akses terbuka dan peer-review. Tujuan utama kami adalah untuk menyebarluaskan artikel terkini dan asli dari para peneliti dan praktisi tentang berbagai masalah politik dan hukum dalam pemilu yang antara lain mencakup, demokrasi dan pemilihan umum; politik lokal; hukum pemilu; sengketa pemilu; pengawasan pemilu; penyelenggara pemilu dan peserta pemilu, pembiayaan pemilu, manajeman pemilu dan isu-isu lainnya yang berkaitan dengan pemilu.
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<![CDATA[Penegakan Hukum Mahar Politik dalam Pilpres 2019 Ditinjau dari Politik Hukum Pidana ]]>
<![CDATA[Irwan Hafid]]>;
<![CDATA[Dendy Prasetyo Nugroho]]>
<![CDATA[ Jurnal Adhyasta Pemilu Vol. 2 No. 2 (2019): Jurnal Adhyasta Pemilu ]]>
Publisher : <![CDATA[Badan Pengawas Pemilihan Umum ]]>
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DOI: 10.55108/jap.v2i2.27
<![CDATA[The issue of political dowry, relatively, becomes a sustainable warning of problems in every general election in Indonesia. Such as the issue of Sandiaga Uno, who provided political dowry in the 2019 presidential election. The allegation was started by the Deputy of General-secretary of the Party of Democrat, Andi Arief, who stated that Sandiaga Uno had provided 500 billion rupiahs to PAN and PKS respectively so that those two parties would support him to nominate as the Candidate of Vice President for Prabowo Subianto. Political dowry has been a serious issue and almost constantly becomes an interesting topic to be reported and studied in every general election. Although it is popular, the issue of political dowry is a case that is relatively difficult to prove its truth (court decisions). In fact, explicitly, political dowry has been regulated in Article 228 on Law Number 7 of 2017 concerning the General Election (Election Law). However, it does not expressly provide a deterrent effect to the political dowry actors. This reality becomes the basis of encouragement in conducting this research. The theory used in this research is legal politics and law enforcement. While the method used is normative legal research with a statutory, conceptual, and comparative approach. The output of this paper is that the handling of political dowry cases in the presidential election needs a serious concern. And then, the regulation on sanctions, which still be administrative in nature, against the actors of political dowry in the Election Law is considered to be inappropriate. So that criminal policy is needed to strengthen the law enforcement and strict legal instruments against criminal acts of political dowry in the future election (ius constituendum).]]>
<![CDATA[Dilema Pengawasan Partisipatif: Ikatan Patrimonial dan Masyarakat yang Terkooptasi di Jawa Timur ]]>
<![CDATA[Andy Ilman Hakim]]>;
<![CDATA[Deydeandy L. Iztighfari]]>
<![CDATA[ Jurnal Adhyasta Pemilu Vol. 2 No. 2 (2019): Jurnal Adhyasta Pemilu ]]>
Publisher : <![CDATA[Badan Pengawas Pemilihan Umum ]]>
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DOI: 10.55108/jap.v2i2.28
<![CDATA[The concept of participatory oversight focuses on people’s involvement in election monitoring. This means that the people are not only built on awareness to exercise their right to vote, but also to be actively involved in the entire election process. The implementation of participatory oversight has been running and implemented since the 2009 elections. However, there are still various problems, especially in East Java Province. The number of people in East Java who use voting rights is very high, but the data shows that East Java is the province with the highest of election violations and people’s involvement in reporting violations is very weak. This research uses a qualitative approach to analyze the problem of people’s involvement in election monitoring. The research findings show the three important aspects that cause low people’s involvement in the election monitoring process in East Java. First, there is no work innovation from Bawaslu at regional level. Second, patrimonial society. Third, found the practice of money politics and intimidation to the people by the political elite hurts society. The negative impact creates the problem of election monitoring by the public in East Java, as an impact of co-opted communities.]]>
<![CDATA[Potret LHKPN dan LPPDK dalam Pemilihan Gubernur dan Wakil Gubernur di Provinsi Jawa Barat dan Jawa Timur Tahun 2018 untuk Mewujudkan Pemilu Berintegritas ]]>
<![CDATA[Nurlia Dian Paramita]]>
<![CDATA[ Jurnal Adhyasta Pemilu Vol. 3 No. 1 (2020): Jurnal Adhyasta Pemilu ]]>
Publisher : <![CDATA[Badan Pengawas Pemilihan Umum ]]>
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DOI: 10.55108/jap.v3i1.29
<![CDATA[Report of State Official Assets (LHKPN) becomes one of the evidences for the amount of financial ownership owned by candidates for head and deputy regional head. This report is submitted as an effort to ensure data transparency and to prevent potential out-of-bounds money circulation during the campaign period. Law 10 of 2016 requires all participants in the head and deputy regional head elections to report the final financing results of activities in the campaign fund stage, namely Report of Receipt and Expenditure of Campaign Funds (LPPDK). Both report formats lead to the creation of elections with integrity. LHKPN does not have a standard assessment of the accuracy of assets owned by regional head candidates. The LPPDK as the final accountability report can only be reviewed from the results of the audit report announced by the KPU. Using a qualitative method, this paper is intended to explain the validity of the model as an instrumentation to create a fair election as well as to convey ideas about a more credible campaign funding reporting for the next local election.]]>
<![CDATA[Model Pengintegrasian Penegakan Hukum Pilkada Serentak Guna Mewujudkan Keadilan Substantif (Evaluasi Penegakan Hukum Pilkada Serentak 2015-2020) ]]>
<![CDATA[Agus Riwanto]]>
<![CDATA[ Jurnal Adhyasta Pemilu Vol. 3 No. 1 (2020): Jurnal Adhyasta Pemilu ]]>
Publisher : <![CDATA[Badan Pengawas Pemilihan Umum ]]>
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DOI: 10.55108/jap.v3i1.30
<![CDATA[This research will examine and explore the evaluation of law enforcement practices in the 2015-2020 Concurrent Elections through various doors (justice in many rooms), namely Election Supervisory Board Province/Regency/City, State Administrative Court, District Court, Honorary Board of Election Organizers and Constitutional Court. The result triggers legal uncertainty and is oriented towards procedural fairness rather than substantive justice. This research is normative legal research. Research approach used is the principle of law, legislation, and conceptual. Data collection techniques are carried out using the library study method. Technical data analysis using hermeneutic methods, namely describing objectively and systematically the content of norms and practices interactively. In the future (ius costituendum) is needed integration (one roof system) in the enforcement of electoral law in order to achieve the ideals of substantive justice. The operationalization of this idea is to redesign the electoral law enforcement system through the revitalization of Election Supervisory Board current function as a semi-judicial Judicial Settlement Agency. Election Supervisory Board authority to complete cases of administrative violations, violations of the electoral process, and a code of conduct whose rulings are final and binding. While the dispute of election results is resolved through the Supreme Court in accordance with the provisions of Article 24 of the 1945 Constitution and Article 157 Paragraph (1) of Law Number 10 of 2016 concerning the Election of Governors, Regents and Mayors. Election Supervisory Board authority is designed to focus more on law enforcement with administrative sanctions instead of criminal.]]>
<![CDATA[Pilihan Sistem Pemilu Dan Potret Keterwakilan Perempuan: Lesson Learned Sistem Pemilu Serentak 2019 ]]>
<![CDATA[Mouliza K.D Sweinstani]]>
<![CDATA[ Jurnal Adhyasta Pemilu Vol. 2 No. 1 (2019): Jurnal Adhyasta Pemilu ]]>
Publisher : <![CDATA[Badan Pengawas Pemilihan Umum ]]>
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DOI: 10.55108/jap.v2i1.33
<![CDATA[As a mechanism that turns voter preference into seats, the electoral system may have impact on women’s representation. Using qualitative methods through documentary study and analysis based on national vote recapitulation data, it is known that the simultaneous electoral system in Indonesia in 2019 provides a separate dilemma for women’s representation. Based on national recapitulation data, it is known that the potential of women elected in 2019 rose to 20.52 percent. However, this increase cannot be classified as a significant increase because elected women are still dominated by those from elite kinship. In addition, several elements of the electoral system such as the time of implementation, the district magnitude, the used of Pure Sainte Lague Formula and the stagnation of the affirmation policy make women have to work harder in the electoral districts to get as many votes as possible according to the laws of the Sainte Lague Pure formula. Therefore, this study suggests a commitment between political elements to be able to create a female- friendly electoral system so that the meaningful and substantive women representation can be achieved. In doing so, I recommend to consider the closed-PR List System and a voluntary gender quota within the party as the next electoral engineering.]]>
<![CDATA[Fenomena Rasionalisasi Anggaran Pilkada yang Telah Disepakati: Studi Kasus di Kabupaten Ogan Komering Ulu Timur dan Kota Tidore Kepulauan ]]>
<![CDATA[Faqih Mujahid]]>;
<![CDATA[Susilo Harjono]]>
<![CDATA[ Jurnal Adhyasta Pemilu Vol. 3 No. 1 (2020): Jurnal Adhyasta Pemilu ]]>
Publisher : <![CDATA[Badan Pengawas Pemilihan Umum ]]>
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DOI: 10.55108/jap.v3i1.34
<![CDATA[The budget is one aspect that determines the quality of the implementation of regional head elections (Pilkada). The budget problem that arose in the 2020 Pilkada Concurrent was the rationalization carried out by the DPRD on the Pilkada budget which was contained in the Regional Grant Agreement Text (NPHD) even though the NPHD was signed by the Regional Head and Pilkada Organizer (KPU and Bawaslu) as evidence of the budget allocation agreement for the activities of organizing and supervising the Pilkada. Examples of this rationalization practice occurred in 2 (two) regions, namely Ogan Komering Ulu Timur District, South Sumatra Province, and Tidore Islands City, North Maluku Province. There are 2 (two) factors that give rise to the rationalization problem. First, poor communication between the elements of Pilkada organizers (KPU and Bawaslu) together with the Government and the DPRD, which led to a deadlock and made the Central Government have to step in to resolve it. Second, the classic problems experienced by Indonesia in matters of legal governance that are out of sync (disharmony between regulations) have an impact on the quality of Pilkada budget management. Several things that affect the quality of Pilkada budget management include: First, the practice of assigning staff in charge of the Pilkada budget both at the KPU and Bawaslu has not fulfilled the principle of "the right man on the right place". Second, there is regulatory disharmony, namely the law regulating the authority of the DPRD in carrying out its budgeting functions with the technical regulations of the Minister of Home Affairs regarding Pilkada budgeting. By using a qualitative descriptive research method, the author will examine the rationalization problem from the aspects of communication between institutions and regional election budget management. The author uses political communication theory and election budget management to formulate alternative solutions to these problems and provide a meeting point for Pilkada budget problems in these 2 (two) regions.]]>
<![CDATA[Money Politics Pada Pemilu 2019: 2019 (Kajian Terhadap Potret Pengawasan Dan Daya Imperatif Hukum Pemilu) ]]>
<![CDATA[Aminuddin Kasim]]>;
<![CDATA[Supriyadi Supriyadi]]>
<![CDATA[ Jurnal Adhyasta Pemilu Vol. 2 No. 1 (2019): Jurnal Adhyasta Pemilu ]]>
Publisher : <![CDATA[Badan Pengawas Pemilihan Umum ]]>
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DOI: 10.55108/jap.v2i1.36
<![CDATA[The one of legal functions performed by the Election Law is the function of controlling behavior in the context of social and political life . To carry out this function , the Election Law formulates imperative norms so that political behavior complies with election law . The imperative norm is in the form of rules that prohibit money politics during the campaign , the quiet period and when the ballot takes place . Then, if there is a violation of the rule of law , the culprit will face legal proceedings to obtain criminals sanctions in the form of prisons and fines. Identification of the problem in this research is: why the imperative norms of the Election Law are not effective in preventing the practice of money politics, and what factors influence the weak power of the electoral law imperatives so that massive money politics practices occur? That problem is discussed and analyzed in this article. The author uses normative jurisdiction research, besides that the writer also uses the imperative theory of Edward A. Ross, Achmad Ali’s legal function theory and Jimly Asshiddiqie’s law enforcement theory. From this study the authors found that when the 2019 Concurrent Elections took place, the imperative norm was not effective in controlling political behavior expected by the Election Law. The practice of massive money politics took place so that the process of democracy and the 2019 Simultaneous Elections occurred.]]>
<![CDATA[Evaluasi Rekrutmen Pengawas Tempat Pemungutan Suara (PTPS) dalam Pemilu Serentak 2019 ]]>
<![CDATA[Faisal Andri Mahrawa]]>;
<![CDATA[Irfan Prayogi]]>
<![CDATA[ Jurnal Adhyasta Pemilu Vol. 2 No. 1 (2019): Jurnal Adhyasta Pemilu ]]>
Publisher : <![CDATA[Badan Pengawas Pemilihan Umum ]]>
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DOI: 10.55108/jap.v2i1.37
<![CDATA[This paper is intended to examine the recruitment pattern carried out by Bawaslu to bring PTPS to the 2019 Simultaneous Elections. The research location was conducted in two regions namely Sunggal District and Percut Sei Tauan District, Deliserdang Regency. By understanding various aspects ranging from the regulatory side to the technical implementation of recruitment, found various obstacles that resulted in the quality of PTPS, ranging from age limits, educational boundaries, community enthusiasm to regional factors that cause PTPS presented less professional. Using the descriptive- analysis method, data sources were collected through interviews and literature studies related to the PTPS recruitment process. As an evaluation and recommendation, this paper reviews several aspects, namely regulation, promotion and outreach, provision of intensive supervision functions, and transparency of recruitment to be considered in welcoming the next election.]]>
<![CDATA[Frase Kata Memerintahkan dan Merekomemendasikan dalam Putusan Bawaslu Terkait Pelanggaran Administratif Pemilu ]]>
<![CDATA[Fauzi Heri]]>;
<![CDATA[Retna Elyasari]]>
<![CDATA[ Jurnal Adhyasta Pemilu Vol. 2 No. 1 (2019): Jurnal Adhyasta Pemilu ]]>
Publisher : <![CDATA[Badan Pengawas Pemilihan Umum ]]>
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DOI: 10.55108/jap.v2i1.38
<![CDATA[Election Supervisory Agency Regulation Number 8 Year 2018 concerning Settlement of Election Administrative Violations has become a guideline for the Election Supervisory Agency in accepting, examining, reviewing, and deciding allegations of Election Administrative Violations. However, there are inconsistencies in the verdict draft stated in Article 55 and Article 56 where there are phrases “ordered” and “recommend”. The General Election Commission must follow up the verdict of the Election Supervisory Agency Election. The verdict of the Election Supervisory Agency contains the phrase “ordered” will not be interpreted otherwise. While the phrase “recommend” can be interpreted differently considering the word recommendation can be interpreted as a suggestion or input. This study is a normative legal research with a qualitative approach. Primary and secondary data were collected through interviews and legislation, general election books whereas the definitions of research variables obtained from dictionaries, encyclopedias and internet media. The results of this study indicates that the phrase “recommend” can be interpreted differently, therefore it has the potential for wrong execution.]]>
<![CDATA[Film Dokumenter Sexy Killers Sebagai Alat Kritik Kandidat dalam Pemilihan Presiden 2019 ]]>
<![CDATA[Yugha Erlangga]]>
<![CDATA[ Jurnal Adhyasta Pemilu Vol. 2 No. 1 (2019): Jurnal Adhyasta Pemilu ]]>
Publisher : <![CDATA[Badan Pengawas Pemilihan Umum ]]>
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DOI: 10.55108/jap.v2i1.39
<![CDATA[This writing is based on the increasing variety of criticism deliveries to the candidates of 2019 Presidential Election; one of them is through a documentary titled Sexy Killers. The film produced by Watchdoc production house and directed by a senior journalist, Dandhy Dwi Laksono, is the second work that welcomes the election season, after in 2014 they released a documentary Yang Ketu7uh. Sexy Killers is a creative product that contains criticism on the ruler’s policies—one that competed in 2019 Presidential Election. Witnessing the development of the digital world, one of them is the existence of Youtube channel, the public access to Sexy Killers is easier. The existence of Sexy Killers is inevitable in democracy because of the openness of public space. This writing will measure the length of how a creative product, such as a documentary, can influence the discourse in public space towards the candidates in the election. This research uses a descriptive analytical method. The data collection is also done by interviewing Dandhy Dwi Laksono as the director. This writing is also supported by the media study and other literature that contain the debate and polemic of Sexy Killers’s existence in public. The finding of this writing shows that Sexy Killers, which up to July 2019 has been accessed by approximately 24 million viewers, is capable in giving the effect in returning a substantial discourse to the public space in the middle of satiety on debate issues between the candidates of 2019 Presidential Election.]]>
